On September 14, 2016, HUD issued the final rule entitled Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act .
This final rule amends HUD’s fair housing regulations to:
- Formalize definitions of ‘‘quid pro quo harassment’’ and ‘‘hostile environment harassment’’ under the Fair Housing Act;
- Formalize standards for evaluating claims of quid pro quo and hostile environment harassment under the Fair Housing Act;
- Add illustrations of prohibited quid pro quo and hostile environment harassment to HUD’s existing Fair Housing Act regulations; and,
- Identify traditional principles of direct and vicarious liability applicable to all discriminatory housing practices under the Fair Housing Act, including quid pro quo and hostile environment harassment.
A further summary and the full text of the final rule are available after the jump.
Continue reading HUD Issues Final Rule Related to “Hostile Environment Harassment” Under the Fair Housing Act
After months (years) of negotiation and revision, HR 1301 was passed by the U.S. House of Representatives and is on its way to the U.S. Senate for consideration.
According to the Community Associations Institute’s Government Affairs blog, the amended version of HR 1301 provides, among other things, that:
- HAM radio operators are required to obtain the prior consent of the association to install an outdoor antenna
- HAM radio operators are prohibited from placing antennas on common property, and
- associations may establish written rules concerning outdoor HAM radio antennas.
The full text of the bill is available after the jump.
Continue reading Federal – Amateur Radio Parity Act of 2016 Passed in U.S. House of Representatives
The Community Associations Institute Government Affairs Blog reports here that President Obama has signed H.R. 3700, the Housing Opportunity through Modernization Act, making the Act federal law.
According to the patron, Congressman Blaine Luetkemeyer’s (MO-03), the legislation includes provisions to:
- Ensure that veterans have fair access to housing and homeless assistance programs.
- Authorize the Rural Housing Service single family housing guaranteed loan program to delegate approval authority to preferred lenders.
- Extend the period for which a family could use a family unification housing voucher and increase the ceiling for the Family Unification Program voucher age requirement.
- Provide a thoughtful limitation on public housing tenancy for over-income residents.
And, as reported previously, H.R. 3700 reforms the process used by the Federal Housing Administration (FHA) to determine if condominium unit owners qualify for a mortgage with FHA insurance (FHA does not originate mortgage loans, but instead insures mortgages against default).
The full text of the bill is available after the jump.
Continue reading Federal – Obama signs H.R. 3700, Housing Opportunity through Modernization Act
Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions
Last week (April 4, 2016), the U.S. Department of Housing and Urban Development issued official guidance about how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history.
Continue reading Federal – HUD Issues Guidance on Use of Criminal Records by Housing Providers
D.C., et al. v. Department of Labor, et al.
On April 5, 2016, the U.S. Court of Appeals for the D.C. Circuit determined whether the Davis-Bacon Act applies to the construction of CityCenterDC. According to the Court, CityCenterDC is a large private development in the heart of Washington, D.C. It features upscale retail stores such as Hermès, Boss, and Louis Vuitton; high-end restaurants such as DBGB and Centrolina; the large private law firm of Covington & Burling; and luxury residences.
Continue reading District of Columbia – Public Participation in Private Development Venture does not trigger Davis-Bacon Act
Last week, Federal Housing Finance Agency, Freddie Mac and Fannie Mae released standardized Condominium Project Questionnaire forms.
According to Freddie Mac’s website, “The new forms provide greater consistency and clarity for lenders as they work to collect information to determine eligibility for mortgages secured by units in condominium projects.”
Continue reading National – Standardized Condominium Project Questionnaires Released by FHFA, FNMA and Freddie Mac
Helping Our Middle-Income Earners (HOME) Act
Yesterday, two members of the U.S. Representatives from California, Rep. Anna Eshoo and Rep. Mike Thompson introduced the Helping Our Middle-Income Earners (HOME) Act. If passed, the HOME Act would allow certain homeowners to deduct up to $5,000 in qualified homeowners association assessments from their federal tax liability.
Continue reading Federal – HOME Act Introduced to Allow Tax Deduction for Certain Assessment
Whispering Woods Condominium Association, Inc. v. Rones (New Jersey – Bankruptcy)
The decision of the U.S. District Court for the District of New Jersey to reverse an earlier, published decision from U.S. Bankruptcy Court for the District of New Jersey has national consequences in limited super-priority lien states.
Continue reading New Jersey – In re Rones